[Right Wing Professor]

I have a question for any legal types out there; who has standing under Amendment XIV to sue to prevent Kerry from assuming office under the United States? Assuming there is at least a defensible case he gave aid and comfort to the enemy, could I, as a citizen, bring suit? If not, who could?

[Sabertooth]

See #49.

Thoughts?

[Torie]

As far as I know, no one has standing to prevent Kerry from taking office if he won the election. The remedy is impeachment and conviction.

[AntiGuv]

The short answer is: no, a private citizen cannot bring charges of treason against anyone; one generally requires indictment by a Federal grand jury. Without going into any great detail regarding treason doctrine (more controversial than one might think), I would merely note that it is insufficient to present two witnesses to the treasonous act - although the Constitution specifies no further requirement. By long-established precedent, there are two elements that must be attested in order to secure a treason conviction: the (1) overt act, with (2) treasonable intent.

That latter element can be far more problematic than one would expect, since the treasonous act is not a priori evidence of treasonable intent.

[sauropod]

"Either they get away with it, or there will be, ummmm, well, errrr, lots of angry Democrats."

And there aren't now?

[justshutupandtakeit]

I am no lawyer though I play one on FR but the answer is "NO ONE." As long as the constitutional standards are met for qualifications anyone can become president. Civil War standards will not change that.